Dareltech, LLC

Patent Trials and Appeals Board

Sep 28, 2020

IPR2019-01575 (P.T.A.B. Sep. 28, 2020)

Trials@uspto.gov Paper 13
571-272-7822 Entered: September 28, 2020

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

SAMSUNG ELECTRONICS CO., LTD. and
SAMSUNG ELECTRONICS AMERICA, INC.,
Petitioners,

v.

DARELTECH, LLC,
Patent Owner.
_____________

IPR2019-01575
Patent 9,075,612 B2
____________

Before BRIAN J. McNAMARA, KEVIN C. TROCK, and
STACY B. MARGOLIES, Administrative Patent Judges.

MARGOLIES, Administrative Patent Judge.

TERMINATION
Due to Settlement After Institution of Trial
35 U.S.C. § 317; 37 C.F.R. § 42.74

IPR2019-01575
Patent 9,075,612 B2
2
Pursuant to our authorization, on September 21, 2020, the parties filed
a Joint Motion to Terminate the above-captioned proceeding. Paper 12.
Along with the motion, the parties filed a settlement agreement (Exhibit
2001). The parties also filed a Joint Motion to File Agreement as Business
Confidential Information (Paper 11), in which the parties request that the
settlement agreement be treated as business confidential information
pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) and that the
agreement be kept separate from the public files of the challenged patent.
The parties state that they have settled their dispute regarding the
challenged patent, that the settlement agreement has been made in writing,
that a true and correct copy of the agreement is filed as Exhibit 2001, and
that there are no other agreements, oral or written, between the parties made
in connection with the termination of this proceeding. Paper 12, 2, 3. The
parties further state that the agreement contemplates requesting termination
of this proceeding and dismissing the related district proceeding regarding
the challenged patent. Id. at 2. The parties further state that a joint
stipulation of dismissal was submitted in the related district court
proceeding. Id. (citing Dareltech, LLC v. Samsung Elecs. Co, Case No.
4:18-cv-00702 (E.D. Tex), Dkt. 73).
We instituted trial on March 16, 2020. Paper 6. This proceeding is in
its early stages and we have not yet decided the merits. Under the
circumstances, we determine it is appropriate to terminate this proceeding.
See 35 U.S.C. § 317(a). We further determine that, because the settlement
agreement contains confidential business information regarding the terms of
settlement, it is appropriate to treat the agreement as business confidential
information.
IPR2019-01575
Patent 9,075,612 B2
3
It is
ORDERED that the Joint Motion to Terminate this proceeding is
GRANTED and the proceeding is hereby terminated; and
FURTHER ORDERED that the Joint Motion to File Agreement as
Business Confidential Information is GRANTED, and the settlement
agreement (Exhibit 2001) shall be kept separate from the file of U.S. Patent
No. 9,075,612 B2, and made available only to Federal Government agencies
on written request, or to any person on a showing of good cause, pursuant to
35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).

IPR2019-01575
Patent 9,075,612 B2
4
FOR PETITIONER:
Jeffrey A. Miller
Jennifer A. Sklenar
ARNOLD & PORTER KAYE SCHOLER LLP
jmillerptab@apks.com
Jennifer.Sklenar@arnoldporter.com

FOR PATENT OWNER:
David L. Hecht
PIERCE BAINBRIDGE BECK PRICE & HECHT LLP
dhecht@piercebainbridge.com